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Hiroshi Osumi v. Switzerland, Procedural Order No. 2 on Transparency and Confidentiality, July 10, 2026

10 Jul 2026
Hiroshi Osumi v. Swiss Confederation, ICSID Case No. ARB/26/1
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Procedural Order No. 2 on Transparency and Confidentiality
Document Details:
LISTED PARTICIPANTS
Procedural Order No. 2 on Transparency and Confidentiality
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Marinn Carlson
Arbitrator(s)
Gabriel Bottini, Peter J. Turner
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Geraldine R. Fischer
Tribunal assistant
Third-party funder
Entities
Switzerland
Country
Print reporter
Document Summary
Procedural Order No. 2 on Transparency and Confidentiality
This summary note is machine-generated. Always consult the original materials.

Procedural Background

This document constitutes Procedural Order No. 2, issued by the Tribunal in the ICSID arbitration between Hiroshi Osumi and the Swiss Confederation (ICSID Case No. ARB/26/1). The Order establishes the comprehensive confidentiality and transparency regime governing the proceedings, following consultations with the parties during the first session held on June 29, 2026. The applicable legal framework includes the Japan-Switzerland Free Trade and Economic Partnership Agreement, the ICSID Convention, and the 2022 ICSID Arbitration Rules.

Confidentiality and Transparency Regime

The Tribunal directed that, subject to specific exceptions, all documents created or produced in the context of the arbitration shall remain confidential. The Order delineates the scope of protected information, encompassing confidential business data, protected personal information, and materials implicating essential security interests. Regarding transparency, the parties consented to the publication of the final Award by ICSID, subject to agreed redactions. However, the parties expressly withheld consent for the publication of their written submissions and supporting documents, and the Tribunal confirmed that hearings shall remain closed to the public.

Redaction Protocol

To operationalize these transparency parameters, the Tribunal instituted a structured redaction protocol. Parties are afforded a 21-day period to request the non-disclosure of protected information in publishable documents, followed by a 14-day window for objections. In the event of unresolved disputes over proposed redactions, the Tribunal shall adjudicate the contested items via a formalized Transparency Schedule.